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CR.MA/10180/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10180 of 2011
=========================================
DAKSHABEN
BABUBHAI DHAMOT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ZUBIN F BHARDA for
Applicant(s) : 1,
MR JK SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/08/2011
ORAL
ORDER
Learned
advocate for the applicant submits that charge-sheet is filed and the
applicant a female accused used to stay with her children at
Vadodara, since her husband was in Indian Army. Though allegations
appear against the applicant herein is of having illicit relationship
with husband of the deceased but at the same time considering other
attending circumstances, by imposing suitable conditions the
applicant may be enlarged on bail.
Considering
the above prima facie aspects of the matter, I find this is a fit
case for granting bail since charge-sheet is also filed. Under the
circumstances, the applicant is ordered to be released on bail in
connection with C.R. No.I-12 of 2011 with Ditvas Police Station,
Panchmahal, on his/her furnishing bond of Rs. 5000/-(Rupees Five
Thousand) with one surety of like amount to the satisfaction of the
lower Court and subject to following conditions :
not
take undue advantage of his/her liberty or abuse his/her liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his/her presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his/her residence at the time of execution of the
bond and shall not change the residence without prior permission of
this Court;
surrender
his/her passport, if any, to the Lower Court immediately.
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to try
the case.
At
the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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